Tag: Agora

Russian Opposition Hit with New Wave of Searches and Arrests
Yelena MukhametshinaVedomosti
July 25, 2019

On Wednesday evening, Moscow’s Simonovsky District Court jailed politician Alexei Navalny for thirty days for calling on Muscovites to go to the mayor’s office this weekend to protest irregularities in the upcoming elections to the Moscow City Duma. Law enforcement agencies simultaneously launched a dragnet against the Russian opposition. Investigators searched the homes of ex-MP Dmitry Gudkov, his colleague Alexander Solovyov, Ivan Zhdanov, director of Navalny’s Anti-Corruption Foundation (FBK), and municipal council member Nikolai Balandin.

The search in Gudkov’s home lasted around two hours. Investigators confiscated the politician’s computers, smartphone, and all portable electronic storage devices. Gudkov’s press secretary Alexei Obukhov said the search warrant mentioned the confiscation of all computer discs [sic] in connection with the protest rallies and pickets outside the Moscow City Elections Commission on July 14, 15, and 18. Identified as a witness in a criminal investigation, Gudkov was given a summons to an interrogation at the Main Investigative Department of the Investigative Committee’s Moscow office on Thursday morning. Navalny’s colleague Leonid Volkov reported that, after his home was searched, Zhdanov was taken immediately to the Main Investigative Department.

FBK lawyer Lyubov Sobol, municipal district council member Yulia Galyamina, and ex-MP Gennady Gudkov have also been summoned to interrogations on Thursday morning.

“Would that they went after criminals this way. They are just scumbags!” Gudkov, Sr., wrote in an emotional post on his Twitter page after receiving a phone call from an Investigative Committee investigator.

On Wednesday afternoon, the Main Investigative Committee reported it had launched a criminal investigation into the protest rally that was held outside the Moscow City Elections Commission on July 14 by opposition candidates to the Moscow City Duma under Article 141 of the Russian Criminal Code, which criminalizes the “obstruction of voting rights or the work of electoral commissions.” In July 2019, the Main Investigative Office writes, members of a particular movement organized illegal and unauthorized rallies and pickets outside the Moscow City Elections Commission in order to exert pressure on members of the election commissions and obstruct their work. People who attended the rallies threatened election commissions members with violence, the Main Investigative Offices reports. It did not specify which part of Article 141, in its view, had been violated. It could choose to indict people under Article 141.2, which carries a maximum punishment of five years in prison.

The protests out the Moscow City Elections Commission were sparked when district election commissions found flaws, allegedly, in the signature sheets of people intending to run as independent candidates in the September 8 elections to the Moscow City Duma. The flawed signature sheets, allegedly, disqualified them as candidates, and the local election commissions refused to register them. Among the disqualified candidates were municipal district council members Ilya Yashin, Konstantin Yankauksas, Anastasia Bryukhanova, Galyamina, and Dmitry Gudkov; Navalny’s colleagues Sobol and Zhdanov; and Yabloko Party members Elena Rusakova, Kirill Goncharov, and Sergei Mitrokhin.

All last week, the opposition kept up its protests, which had not been vetted by the mayor’s office, on Trubnaya Square. On Saturday, an estimated 22,500 people attended an authorized protest rally on Sakharov Avenue. During the rally, Navalny told the crowd that if all the independent candidates were not registered in the coming week, people should go to the mayor’s office on July 27.

On Wednesday afternoon, opposition politicians told Vedomosti they were prepared to rally outside the mayor’s office on Saturday.

“The criminal investigation is obviously an attempt to intimidate us. We want to run in the elections, but they refuse to put us on the ballot. Now they say they have launched a criminal investigation. We will keep defending our rights,” said Yashin.

Galyamina also believes the authorities are trying to intimidate the opposition.

“On July 14, [Moscow City Elections Commission chair Valentin] Gorbunov was at his dacha, and the commission was closed for business. It is unclear whose work we could have obstructed,” she said.

Gorbunov told Vedomosti that he was not at the commission’s offices on July 14, but that during election campaigns the commission’s working groups and members work weekends as well.

“Time is short and we have to wind things up,” he said.

Gorbunov learned about the criminal investigation from the press. He had no idea who had filed the complaint.

“I believe people need to act within the law. [Central Elections Commission chair Ella] Pamfilova said that rallies were not a form of political campaigning, that people had to work within the bounds of the law. I can only say that the rally outside the Moscow City Elections Commission was not authorized, but it is up to law enforcement agencies to comment on criminal liability for what happened,” he said.

However, on July 14, Gorbunov had told Vedomosti the commission was closed on Sundays.

“They [the opposition] might as well have gone to some factory that was closed on Sunday,” he said then.

The criminal investigation is probably meant by the security forces as a way to intimidate protesters, argues a person close to the mayor’s office. This source said it was clear police would detain people who attempted to attend an unauthorized rally on July 27.

According to court statistics, people have been charged and convicted of violating Article 141 extremely rarely. In the last ten years, the most “fruitful” years were 2009 and 2011, when fifteen and eleven people, respectively, were charged and convicted of violating the article.

In 2009, six people were indicted under Article 141 due to numerous abuses in the mayoral election in Derbent. In 2011, Andrei Ruchkin, head of the Engels District in Saratov Region, was charged under Article 141.3 for meddling with the work of the local election commission. In 2018, members of the Yabloko Party in Pskov were charged under Article 141 for encouraging voters to spoil their ballots in the gubernatorial election, but the charges were dropped for lack of evidence.

Criminal Code Article 141 is peculiar it is mainly employees of the executive branch who obstruct the exercise of voting rights and the work of election commissions, but they are almost never charged with violating the law, explains Andrei Buzin, co-chair of Golos, a Russian NGO that defends voting rights and monitors elections.

“It was not considered kosher to file criminal charges, and so several years ago a similar article was inserted into the Administrative Violations Code. Several election observers were charged under this law,” he said.

Buzin argues that the situation has been turned upside down.

“The protesters were defending voting rights, so it would truer to say that it has been the election commissions that have been obstructing citizens,” he said.

“There is almost no case law for Article 141. It is hard to say who could be charged with violating the law. We have had no experience with it,” said Pavel Chikov, head of the Agora International Human Rights Group. “There was an incident in the Moscow Region. Candidates were assaulted, but we were not able to get criminal charges filed.”

Now the article was being used to punish political “crimes,” he argued.

“It is a variation of the Bolotnaya Square case of 2012, only somewhat lighter. The defendants in that case were charged with rioting,” he said.

Chikov added that we should probably expect more arrests in the wake of the searches.

Six months after easing punishments for speaking out on the internet, Vladimir Putin has signed laws that would restrict freedom of speech in Russia, argue civil rights activists.

People who are deemed to have disrespectfully criticized the Russian authorities and disseminated fake news face blocked websites and stiff fines.

The new laws do not explain how to distinguish ordinary criticism of the authorities from disrespectful criticism, and fake news from honest mistakes or the truth, in cases in which the authorities have decided to declare it fake. Defining disrespect and unreliable information has been left to the discretion of the authorities.

On March 18, 2019, Putin signed the corresponding law bills, as previously passed by the State Duma and the Federation Council, into law.

Russia’s federal communications watchdog Roskomnadzor now has the power to restrict access to a website that has published “false” or “disrespectful” claims, according to law enforcement agencies, without a court’s sanction.

Andrei Klishas, a member of the Russian Federation Council for Krasnoyarsk Territory. Photo courtesy of Ilya Pitalev/RIA Novosti and RBC

The Russian Government Will Be Able to Pinpoint and Block Bad News
Despite the prohibitive bent of MP Klishas’s lawmaking, he heads United Russia’s “liberal platform,”stressing that his law bills are not attempted crackdowns. When discussing the law criminalizing disrespect for the state and society, Klishas pointed to European precedents.

“The rules existing in Europe say you can criticize the authorities as much as you like and demand their resignation. […] But when you communicate with the authorities, you should show respect, because they did not appear out of the blue. They are the outcome of people’s choices,” Klishas told Znak.com in an interview published in February 2019.*

As for the law on so-called fake news, MP Klishas stressed only people who distributed knowingly false information that engendered panic and endangered society had to fear prosecution, not reporters and bloggers who made honest mistakes, he told the website.

Klishas’s stance is not shared by the Russian Presidential Council for Civil Society and Human Rights, which described his law bills as unacceptable, anti-constitutional, and a threat to the public.

“The way in which these innumerable, insane law bills are tabled reveals a simple desire to curry favor with the regime. They generate a sense of legal uncertainty. First, swearing was criminalized. Then ‘extremism’ and ‘foreign agents’ were targeted. Now fake news and ‘disrespect for the authorities’ have been added to the list. Give the well-known practice of selectively charging and convicting people for these crimes, no one knows what might get them in trouble,” says journalist and presidential human rights council member Leonid Nikitinsky.

The law on fake news does not stipulate how real news should be differentiated from counterfeits, which makes the law a bogeyman, argues Nikitinsky. The authorities can use it to trip up undesirable journalists and silence unwanted news.

Nikitinsky notes that, while Russian state propaganda is chockablock with fake news, it is is independent media that are primarily at risk of being penalized for violating the new law.

New Prohibitions Make Up for Easing of Old BansPavel Chikov, head of the Agora International Human Rights Group, argues the penalties for disrespecting the authorities and fake news are meant to compensate for the partial decriminalization, in November of last year, of “extremist” statements published on the internet.

After first-time convictions for public incitement to hatred or enmity (Russian Federal Criminal Code Article 282 Part 1) were reclassified as administrative offenses, Russian police lost part of their workload. Under the so-called quota system, in which law enforcers are evaluated according to the number of crimes they have solved, the introduction of new offenses in the Administrative Offenses Code can generate new possibilities for fudging the statistics on cleared cases and conviction rates.

On the other hand, the amended law appears “liberal” only when compared with its earlier redaction, which stipulated a maximum of five years in prison for careless statements on the internet.

Improper Does Not Mean “Obscene”
If the law against fake news would probably be applied selectively, administrative charges of disrespect for the authorities and society could be a large-scale phenomenon within a few years, argues Alexander Verkhovsky, head of the SOVA Information and Analysis Center.

“People are punished five times more often under the ‘anti-extremism’ articles in the Administrative Offenses Code than under the corresponding articles in the Criminal Code. The partial decriminalization of Criminal Code Article 282 shifts the proportion even more heavily toward administrative punishments. The introduction of new articles in the Administrative Offenses Code means there will be fewer criminal prosecutions and many more administrative prosecutions,” Verkhovsky predicts.

Last year’s easing of anti-extremist laws was justified by the fact that the mechanical application of Article 282 had produced a proliferation of inmates who had no relation to extremist groups. The administrative prosecution of “disrespect for the authorities” could also balloon into a crackdown against rank-and-file Russians.

“It is difficult to predict the extent to which such cases will be politically motivated,” says Verkhovsky.

Prosecuting people of disrespect for the authorities is complicated by the lack of clarity over what can be said and what cannot. According to Roskomnadzor’s official clarification, which was not issued in connection with the new law, “four well-known words (kh.., p…., e…., and b….), as well as the words and expressions derived from them,” are considered obscene.**

Verkhovsky stresses, however, that improper does not mean obscene. The new law does not define what it means by “improperly.”

For example, in March 2018, a court in Naberezhnye Chelny sentenced activist Karim Yamadayev to twenty-eight days in jail for erecting a fake headstone for President Putin by way protesting the law bill that would create a “sovereign” Runet, if passed into law.

In summer of 2018, Petersburg activist Varya Mikhaylova was fined 160,000 rubles for publicly displaying the picture 9 Stages of the Supreme Leader’s Decomposition, which also depicts Putin, during the city’s annual May Day march. Despite the fact the march itself was legal, the picture had not been vetted by the police. As Mikhaylova admits, she was completely surprised when she was detained, since she has a poor sense of the line between what is acceptable and what is forbidden.

The Kremlin is likely to use the new laws to crack down on its most audacious critics.

Varya Mikhaylova (center, with megaphone), carrying {rodina}’s 9 Stages of the Supreme Leader’s Decomposition as she marched with the Party of the Dead bloc in last year’s May Day demo in Petersburg. Photo by Elena Lukyanova. Courtesy of Novaya Gazeta

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* Members of the Federation Council are not “chosen by people” in the sense of free and fair elections, but appointed by President Putin via highly stage-managed “elections” in the legislatures and parliaments of the Russian regions they only nominally represent. Aided and abetted by lazy journalists and political spin doctors, the thoroughly non-elected members of the Federation Council, whose only function is to rubber-stamp destructive law bills like the two described in the article, have taken to calling themselves “senators” in recent years, although Russia has no senate or senators. TRR

Ivan Ovsyannikov is a member of the Russian Socialist Movement (RSD) and a trade union organizer. Lead photo and translation by the Russian Reader. All other photos featured in the translation were selected by me and were not included in the original article, as published on Eurasianet.

Opponents of Plato Road Tolls System Complain to European Court of Human Rights They Have Been Victims of Political PersecutionTheir Organization Was Earlier Ruled a “Foreign Agent”
Anastasia KornyaVedomosti
December 26, 2018

The Association of Russian Carriers (OPR), an organization of independent truck drivers the Russian Justice Ministry placed on its list of “foreign agents” late last year, has filed a complaint with the European Court of Human Rights (EHCR) in Strasbourg, claiming its right to freedom of association had been violated and it had been subjected to political persecution, in violation of Article 11 and Article 18 of the European Convention on Human Rights, as reported by Alexei Glukhov, a lawyer with the Agora International Human Rights Group who represents the OPR in Strasbourg.

The OPR emerged during the campaign for the rights of truckers that kicked off after the Plato road tolls payment system went online in November 2015. The OPR brought together independent truck owners and truck drivers. In June 2017, it announced it was planning to nominate its chair, Andrei Bazhutin, as a candidate for the Russian presidency. Shortly thereafter, the Justice Ministry launched an audit of the OPR, resulting in its being ruled a “foreign agent.” The ministry cited four donations from private individuals in Germany, totaling 3,620 euros, as evidence of “foreign financing.”

In a report on its oversight of the work of “foreign agent” NGOs in 2017, the Justice Ministry claimed the OPR had engaged in “political activity” by “organizing and holding events calling for the resignation of the Russian federal government.” In June of this year, the Krasnogvardeisky District Court in Petersburg fined the OPR 400,000 rubles [approx. $5,755] for failing to voluntarily [sic] register itself as a “foreign agent.”

The complaint says the OPR has been a nuisance to the Putin regime since the organization has led the campaign against the Plato road tolls payment system, which ultimately benefits businessmen closely allied with the Kremlin. The truckers are certain it was their grassroots activism that caused the authorities to persecute them. The fine leveled against the OPR not only was far in excess of the foreign donations it received but has also financially ruined the organization.

Glukhov points out the ECHR has received several dozen complaints from Russian NGOs labeled “foreign agents” by the Russian government, but the court has not yet ruled on Russia’s “foreign agent” law and its application in practice. However, the court has communicated the facts of the first large group of cases to the Russian authorities, while a second group of cases was nearing completion, meaning that a ruling on complaints filed by Russian “foreign agent” NGOs could be expected next year, argues Glukhov. The OPR’s complaint is part of a third wave of complaints filed in Strasbourg. As they await the court’s ruling, Russian NGOs continue to suffer from the harsh law.

Everyone has the right to complain to the EHCR, but the Russian Justice Ministry begins to work with a complaint [sic] only after the court has communicated its consent to hear the case, says Andrei Fyodorov, head of the office of Russia’s representative to the EHCR.

Lawyer Dmitry Agranovsky says the EHCR has rarely ruled that Article 18 of the European Convention has been violated. Recently, however, in response to a complaint filed by opposition politician Alexei Navalny, the court ruled Russia had violated Article 18. The ruling was a precedent of sorts. Agranovsky has the sense that, before the Navalny case, the court’s Grand Chamber had postponed other cases in which Article 18 had been invoked, but now it had worked out a common set of rules that could be applied in other cases as well. On the other hand, there was a risk Article 18 would be devalued, Agranovsky warns [sic].

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[Three] Years of Plato: How Russian Authorities Forced Truckers to Pay Road Tolls

[Three] years ago, on November 15, 2015, Russian authorities launched the Plato system (“Plato” is an acronym for “payment for a ton” in Russian) to collect tolls from owners of heavy-duty trucks traveling on federal highways. The authorities claimed their goal was to compensate for the damage the trucks caused to roads. It was decided the toll would be applied to owners of trucks weighing over twelve tons. Photo courtesy of Maxim Stulov/Vedomosti and RBC

The right to develop and implement Plato was awarded to RT Invest Transport Systems without tendering. The company is owned on a parity basis by Igor Rotenberg and RT Invest, which is 25.01% owned by Rostec and 74.99% owned by Andrei Shipelov’s firm Tsaritsyn Capital LLC. The Russian government agreed to pay Plato’s developer and operator 10.6 billion rubles [approx. $153 million at current exchange rates] annually. Photo of Igor Rotenberg courtesy of Nikolai Galkin/TASS and RBC

Opposition politician Alexei Navalny and Anti-Corruption Foundation (FBK) lawyer Ivan Zhdanov asked that the courts declare the government’s agreement with RT Invest Transport Systems null and void. Their lawsuit was rejected first by the Moscow Court of Arbitration, and later by the Russian Constitutional Court. Photo of Alexei Navalny courtesy of Yevgeny Razumny/Vedomosti and RBC

Truckers in forty Russian regions protested against Plato in November 2016. They demanded Plato be turned off, a three-year moratorium imposed on its use, and the system be tested for at least a year. Photo by Yevgeny Yegorov/Vedomosti and RBC

When Plato was launched in November 2015, truck drivers paid 1.53 rubles a kilometer. Four months later, the authorities planned to double the toll, but after negotiations with truckers they made concessions, reducing the toll increase to 25%. Since April 15, 2017, the authorities have charged trucks 1.91 rubles a kilometer. Photo courtesy of Sergei Nikolayev/Vedomosti and RBC

However, even the discounted [sic] toll increase did not sit well with all truckers [sic]. On March 27, 2016, the OPR went on what it called an indefinite nationwide strike. Truckers protested the toll increases and demanded fairness and transparency at weight stations. Photo by Yevgeny Razumny/Vedomosti and RBC. [The slogans read, “Down with Plato!!! It’s Rotenberg’s Feeding Trough” and “We’re Against Toll Roads.”]

In October 2017, the government approved a bill increasing fines for nonpayment of Plato tolls from 5,000 rubles to 20,000 rubles. If passed, the law would make it possible to charge drivers for violations that occurred six months earlier. The new rules were set to take effect in 2018. Photo of Dmitry Medvedev courtesy of Dmitry Astakhov/TASS and RBC

Plato’s database has registered 921,000 vehicles weighing over twelve tons. According to the Russian Transport Ministry, during its first two years of operation, Plato raised 37 billion rubles for the Federal Roads Fund. In the autumn of 2017, the government selected three projects that would be financed by the monies raised by Plato: a fourth bridge in Novosibirsk and bypasses around the cities of Chusovoy (Perm Territory) and Khabarovsky. Photo courtesy of Georgy Shpikalov/PhotoXPress and RBC

Vehicles that transport people are exempt from Plato tolls, as are emergency vehicles, including vehicles used by firefighters, police, ambulance services, emergency services, and the military traffic police. Vehicles used to transport military equipment are also exempt from the toll. Photo courtesy of Gleb Garanich/Reuters and RBC

David Frenkel, a Mediazona correspondent, has informed us that bailiffs at Petersburg’s Dzerzhinsky District Court have cited him for violating Article 17.3 of the Administrative Code (“failure to comply with the orders of a judge or court bailiff”).

Frenkel attended the custody extension hearing of Penza-Petersburg “terrorism” case suspect Viktor Filinkov. Journalists and the public were not admitted to the courtroom during the hearing and the judge’s ruling. When the hearing was over, and Filinkov was escorted from the courtroom, the public, around forty people, applauded him.

It was then that court clerk Yelena Krasotkina, outraged the public supported the prisoner, ordered the bailiffs to detain Frenkel, who at the time was standing in the corridor and not applauding.

Yekaterina Kosarevskya, a member of the Petersburg Public Monitoring Commission, said she heard Krasotkina say to the bailiffs, “Write somebody up for something.”

One of the bailiffs suggested detaining Frenkel. Ten minutes later, another bailiff threatened to detain Kosarevskaya.

When the bailiffs detained Frenkel, they broke his glasses. They claimed he screamed.

The bailiffs cited him Frenkel for violating Adminstrative Code Article 17.3 Part 2 (“Failure to obey the lawful request of a court bailiff for establishing order in the court and stopping actions violating court rules”).

Frenkel sent a photo of the citation to his Mediazona colleagues: he was unable to read it, since a bailiff, surnamed Vikulov, had broken his glasses. The citation claimed Frenkel “made noise, clapped, shouted, and urged the crowd to take illegal actions.”

Frenkel was then taken to the 78th Police Precinct. The policemen swore when they found out why Frenkel had been brought to the police station. He was released after approximately fifteen minutes.

Viktor Filinkov’s term in remand prison was extended four months, until October 22, 2018.

When Frenkel was escorted from the corridor, it transpired the bailiffs had run out of blank arrest sheets.

Around forty people had gathered before the hearing in the second-floor corridor of the courthouse. They included the parents of Yuli Boyarshinov, another suspect in the Penza-Petersburg “terrorism” case, whose remand to police custody was extended later in the day. No member of the public was able to attend the hearing. Before escorting Filinkov from the holding cell, the guards and bailiffs ordered the public to go down to the first floor. They claimed their request had to do with “safely escorting” their prisoner.

The members of the public were reluctant to leave the second floor. Court clerk Yelena Krasotkina emerged from the office of the Dzerzhinsky District Court’s presiding judge. Krasotkina announced the decision to hold both hearings in closed chambers had been made earlier and ordered the public to leave the courthouse.

David Frenkel (@merr1k): “I get the sense the brass has taken the Dzerzhinsky District Court to task, and so they are avoiding the use of force. They are swearing and getting mad, but they’re putting up with us. 11: 12 a.m., July 19, 2018.”

The bailiffs placed a bench at the entrance of the corridor to courtroom, forbidding members of the public from going around the bench. Krasotkina reprimanded the bailiffs, complaining , “They’re all still here,” meaning the members of the public. Armed guards in masks escorted Filinkov into the courtroom as this was happening.

Inside the Dzerzhinsky District Court, June 19, 2018. Photo by David Frenkel. Courtesy of Mediazona

Members of the public and the bailiffs argued with each other. A man who was possibly in charge of the armed guard joined them. He warned the public they would not be admitted to the courtroom to hear the judge’s ruling in the cases of Filinkov and Boyarshinov.

“How is that?” asked a member of the public.

“Well, if the judge permits it, the public gets in. If the judge doesn’t, they don’t,” replied the man.

“How do we find that out?” asked perplexed members of the public.

“When the hearing is over, they’ll come out and tell you,” he concluded.

Krasotkina periodically emerged from the presiding judge’s office, taking a photograph of the members of the public on one such occasion.

Filinkov’s defense counsel, Vitaly Cherkasov, a lawyer with the Agora International Human Rights Group, then emerged from the courtroom, telling the crowd the defense had asked the judge to transfer Filinkov to house arrest.

Finally, after the court had rendered its ruling, Frenkel was detained by the bailiffs.

Armed guards escort Viktor Filinkov at the Dzerzhinsky District Court. Photo by David Frenkel. Courtesy of Mediazona

This was not the first time a member of the press has been cited for violating Article 17.3 at the Dzerzhinsky District Court. On March 22, 2018, bailiff Ivan Lozovsky cited journalist Sasha Bogino for violating the administrative law. He ordered her to stop “live streaming,” although the Mediazona correspondent was sitting in the courtroom with her laptop open and not filming anything. In late May, a court ordered Bogino to pay a fine of 500 rubles.

Filinkov and Boyarshinov have been in police custody since January of this year. On June 18, 2018, the Dzherzhinsky District court extended the term in custody of the third Petersburg suspect in the Penza-Petersburg “terrorism” case, Igor Shishkin. Another six young men are in police custody in Penza as suspects in the same case.

According to the Russian Federal Security Service (FSB), the members of the alleged “terrorist community” known as “The Network” had planned “to stir up the popular masses in order to destabilize the political circumstances” in Russia on the eve of March’s presidential election and the 2018 FIFA World Cup, which is currently underway. In addition, on June 15, 2018, it transpired that three new charges had been added to the case.

Three of the suspects, who have been charged with violating Article 205.4 of the Russian Criminal Code (“involvement in a terrorist community”), Viktor Filinkov, Ilya Shakursky, and Dmitry Pchelintsev, have claimed they were tortured into confessing after they were detained by FSB field officers. In addition, Alexei Poltavets, an acquaintance of the suspects, has claimed he was tortured into testifying against them.

The Russian Investigative Committee has so far refused to refuse to file abuse of authority charges against any FSB officers. In the case of Ilya Kapustin, who was tortured during his interrogation by the FSB as a witness, the Investigative Committee decided Kapustin’s taser burns were “consistent with injuries caused by skin diseases or insect bites.”

The suspects’ loved ones have formed a Parents Network. In April 2018, the group held a press conference in Moscow.

Translated by the Russian Reader

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What can you do to support the Penza and Petersburg antifascists and anarchists tortured and imprisoned by the FSB?

Donate money to the Anarchist Black Cross via PayPal (abc-msk@riseup.net). Make sure to specify that your donation is earmarked for “Rupression.”

Spread the word about The Network Case aka the Penza-Petersburg “terrorism” case. You can find more information about the case and in-depth articles translated into English on this website (see below), rupression.com, and openDemocracyRussia.

Organize solidarity events where you live to raise money and publicize the plight of the tortured Penza and Petersburg antifascists. Go to the website It’s Going Down to find downloadable, printable posters and flyers. You can also read more about the case there.

If you have the time and means to design, produce, and sell solidarity merchandize, please write to rupression@protonmail.com.

Write letters and postcards to the prisoners. Letters and postcards must be written in Russian or translated into Russian. You canfind the addresses of the prisoners here.

Design a solidarity postcard that can be printed out and used by others to send messages of support to the prisoners. Send your ideas to rupression@protonmail.com.

Write letters of support to the prisoners’ loved ones via rupression@protonmail.com.

Translate the articles and information at rupression.com and this website into languages other than Russian and English, and publish your translations on social media and your own websites and blogs.

If you know someone famous, ask them to record a solidarity video, write an op-ed piece for a mainstream newspaper or write letters to the prisoners.

If you know someone who is a print, internet, TV or radio journalist, encourage them to write an article or broadcast a report about the case. Write to rupression@protonmail.com or the email listed on this website, and we will be happy to arrange interviews and provide additional information.

It is extremely important this case break into the mainstream media both in Russia and abroad. Despite their apparent brashness, the FSB and their ilk do not like publicity. The more publicity the case receives, the safer our comrades will be in remand prison from violence at the hands of prison stooges and torture at the hands of the FSB, and the more likely the Russian authorities will be to drop the case altogether or release the defendants for time served if the case ever does go to trial.

Why? Because the case is a complete frame-up, based on testimony obtained under torture and mental duress. When the complaints filed by the accused reach the European Court of Human Rights in Strasbourg and are reviewed, the Russian government will be forced to pay heavy fines for its cruel mockery of justice.

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If you have not been following the Penza-Petersburg “terrorism” case and other cases involving frame-ups, torture, and violent intimidation by the Russian Federal Security Service (FSB) and other arms of the Russian police state, read and repost the recent articles the Russian Reader has translated and published on these subjects.

At €2.50, the official licensed sticker album of the 2018 World Cup is a steal. Russian officials also plan to steal the civil rights of their own citizens during the month-long tournament. Photo by the Russian Reader

Restrictions on Movement and Freedom of Assembly during the 2018 FIFA World Cup
Denis Shedov and Natalya KovylyayevaOVD Info
May 25, 2018

Russia welcomes the 2018 FIFA World Cup with Presidential Decree No. 202, which places restrictions on the movements of people and the staging of public rallies in cities hosting the matches. According to the decree, “enhanced safety measures” will be enforced from May 25 until July 25 (although the first match, between Russia and Saudi Arabia, will not be played until June 14). Denis Shedov and Natalya Kovylyayeva studied the decree specially for OVD Info.*

The restrictions will be introduced on May 25, 2018. They will be enforced in the cities and regions hosting 2018 World Cup matches: Moscow, Petersburg, Volgograd Region, Sverdlovsk Region, Nizhny Novgorod Region, Samara Region, Rostov Region, Kaliningrad Region, Krasnodar Territory, the Republic of Tatarstan, and the Republic of Mordovia. Additionally, the decree also applies to certain neighboring regions where, in particular, competing teams will be accommodated: Moscow Region, Leningrad Region, Kaluga Region, Voronezh Region, Stavropol Territory, and the Republic of Chechnya.

It is worth noting Decree No. 202 applies absolutely to everyone who is located in the regions listed during the period the decree is in force. In this light, OVD Info felt it was vital to discuss these changes.

Monitored and Restricted Areas
The decree introduces “monitored and restricted areas,” which will either be entirely off limits to people or will have restricted access. These areas include training grounds (including at other stadiums), team headquarters, hotels where teams and referees are staying, cargo inspection points, the broadcast center at Crocus Expo in Moscow, fan festival venues, press centers, and parking lots for special transport. You will be able to enter these “monitored areas” only after security guards have conducted a thorough inspection of all your belongings.

In addition, there will be special pedestrian security zones, so-called last miles, consisting of areas of one to two kilometers in radius around the stadiums where the matches will be held. Aside from World Cup transport, only residents of nearby buildings, equipped with special passes, will have access to these zones. To obtain the passes you need your internal passport and the papers for your car and your flat. Information about these zones has been posted on the official municipal websites of the cities hosting matches and published in local periodicals.

During the 2014 Winter Olympics in Sochi, the city was off limits to cars from other cities, i.e., cars not registered in Sochi, with the exception of vehicles owned by the secret services and vehicles that had received accreditation as municipal maintenance and 2014 Winter Olympics support vehicles. Vehicles registered in Sochi were restricted from traveling in “monitored areas.”

Mandatory Registration for Everyone
Upon arrival in a city, you must register with the local immigration authorities within three days. This rules applies to everyone except those who are registered to live permanently in the particular city. Additionally, special rules for registering domiciles and temporary stays will be introduced in the cities where World Cup matches are scheduled.

Russian nationals and foreign nationals must register with the police within 72 hours of arriving. Usually, during “normal” times, Russian nationals have the right to spend up to 90 days in another Russian region without registering, while foreign nationals have seven days to register. Decree No. 202 specifies that the party hosting the visitor, i.e., the hotel, spa, holiday home, etc., must notify the proper authorities of the arrival of foreign nationals within 24 hours, as stipulated by Russian federal law.

Immigration authorities in the regions mentioned in the decree will be open for business daily during the World Cup, including weekends and holidays. There are several ways of registering your stay in another city:

Submitting an application to the management of the hotel, hostel, camping ground or youth hostel where you are staying, or the management company, proprietor or landlord, if you are staying in a private flat.

Reporting to the local immigration authorities yourself.

Foreign nationals must personally present their papers to the regional office of the Interior Ministry (i.e., the police) or a multi-service center, or their official hosts must do it for them. It is forbidden to register via the post office or a government services website.

Arriving foreign nationals are obliged to provide notification of their arrival, a copy of their identity card (e.g., passport or either ID), a copy of their Russian visa, and a copy of their migration card. This rule applies to all foreign nationals, regardless of their nationality and status in Russia. If the host party is a legal entity, this organization must supply the authorities with a complete set of documents.

Private individuals who act as hosts need only present their Russian internal passports, proving they are permanent residents, a copy of their passports, and a copy of their ownership deed to the dwellings where they will house foreign nationals.

If these rules are violated, Russian nationals will be obliged to pay an administrative fine. In Moscow and Petersburg, the fine will range from three to five thousand rubles, while in the regions it will range from two to three thousand rubles. Foreign nationals who violate these rules can be expelled from Russia.

Restrictions on Freedom of Assembly
According to the decree, from May 25 to July 25, 2018, assemblies, rallies, demonstrations, marches, and pickets that have nothing to do with the 2018 FIFA World Cup can be held only in places, along routes, and at times approved by the authorities. The authorities can also determine the number of attendees and the duration of the event.

Decree No. 202 was first enforced during last year’s Confederations Cup, also hosted by Russia. A large number of activists involved in group protests and solo pickets were apprehended at that time. Some of the people detained during solo pickets were subjected to “explanatory discussions” by the police, while others were written up for violating the rules for holding public events and fined as much as 20,000 rubles.

In May 2017, five activists from the local headquarters of opposition leader Alexei Navalny were detained for setting up a campaign booth on the main square in Kazan. Law enforcement said the action had not been authorized by the authorities. All the detainees were sentenced to ten to twelve days in jail, as well as 35 hours of community service.

During the Navalny-inspired anti-corruption rallies that took place in a number of cities on June 12, 2017, including Petersburg, Moscow, and Sochi, police detained protesters on the basis of Paragraph 11 of the decree, as paraphrased above. Although in Krasnodar, where the rally against corruption had been authorized, no one was apprehended, despite the special security regime.

During the protest rally “Farewell to the Communications Ministry,” in Moscow in June 2017, a teenager was detained when he tried to leave flowers outside the ministry due to restrictions on freedom of speech in Russia, including the possible blockage of the Telegram messenger service. The arresting officer cited the presidential decree restricting rallies during the Confederations Cup and the 2018 World Cup when he detained the boy. The teenager was taken into a police station for questioning before being released.

In mid-June 2017, fifteen people holding solo pickets against Moscow’s massive “renovation” program were detained outside the entrance to the State Duma.

Solidarity Party activist Mikhail Lashkevich was detained on July 4, 2017, while holding a solo picket demanding the people behind opposition leader Boris Nemtsov’s assassination be found. The police admitted he had a right to carry out a solo picket and released him from Basmanny Police Precinct in Moscow without writing him up. Subsequently, Roman Petrishchev, another Solidarity Party activist, was detained for a solo picket.

In early July 2017, five activists of Protest Moscow were detained in different parts of the city while they held solo pickets against censorship. All of them were charged with violating the rules for holding public events, punishable under Article 20.2 Part 5 of the Administrative Offenses Code.

On July 5, 2017, the well-known democracy activist Ildar Dadin was detained during a solo picket outside FSB headquarters in Moscow, since his protest had not been authorized by law enforcement. On July 7, 2017, the Meshchansky District Court found him guilty of violating the “rules of solo pickets” and fined him 20,000 rubles.

In May 2017, Alexander Pomazuyev, a lawyer with Navalny’s Anti-Corruption Foundation (FBK) asked that Paragraph 11 of the decree be declared null and void in a suit he filed with the Russian Supreme Court. Pomazuyev claimed he had been denied the right to hold a solo picket. He also argued the presidential decree infringed on civil liberties guaranteed by the Russian Constitution, including the right to free speech and freedom of assembly. The court threw out Pomazuyev’s suit, thus rubber-stamping the restrictions on rallies and pickets during the Confederations Cup and the 2018 FIFA World Cup.

In February 2018, organizers of the Boris Nemtsov Memorial March in Nizhny Novgorod wrote an open letter to FIFA president Gianni Infantino asking him to protect freedom of assembly in Russia in the run-up to the World Cup. The football functionary did not react to the letter, apparently.

“Although the decree restricts certain rights only from May 25 to July 25, 2018, even the smallest pickets have been turned down by the authorities on the grounds of the terrorist threat,” the march organizers wrote on their Facebook page.

If you want to hold a public rally from May 25 to July 25, 2018, at a venue of your choosing, there is no guarantee you will pull it off. The authorities could turn you down on the grounds the venue you have chosen was not vetted by the Interior Ministry and the FSB.

As last year showed, when several applications to hold rallies were filed simultaneously, the authorities would reject all the applications. However, when the applications were filed, the authorities had not yet determined what venues could be used. They drew up a list of permissible venues only after looking over the first applications. It was thus a “complete coincidence” that the venues indicated in the applications that were submitted to the local authorities were not on the list of permissible venues.

In other words, the rejections were perfunctory and practically groundless. The authorities were not interested in conducting a proportionality test, in striking a balance between public and private interests.

In addition, questions are raised about the legitimacy of the division between public sporting events, which are permitted during this period, and public political events, which are virtually banned. Russian citizens are thus subject to discrimination.

During the 2014 Winter Olympics in Sochi, a local man, David Hakim, was detained while holding a solo picket in defense of the convicted environmentalist Yevgeny Vitishko. (Hakim was jailed for four days for his “crime.”) Agora used his case to challenge the president’s Olympic decree in the Russian Constitutional Court. However, the court refused to examine whether the decree complied with the Constitution, since it had expired by the time the complaint was examined.

* If you are worried about how Presidential Decree No. 202 will affect foreign fans traveling to Russia for the World Cup, you shouldn’t be. They are required to purchase special “fan IDs” that will exempt them from most if not all of the decree’s strictures. // TRR

Denis Shedov is a lawyer with the Memorial Human Rights Center in Moscow. Natalya Kovylyayeva is a journalist. Translated by the Russian Reader

“Are You a Bitch Yet?”: Man Accused in The Network Case Talks about Mores of FSB OfficersOVD Info
April 24, 2018

Viktor Filinkov. Photo courtesy of his wife, Alexandra, and OVD Info

On April 20, 2018, the Russian Investigative Committee officially declined to open a criminal case on the basis of a complaint filed by Viktor Filinkov, one of the young men accused in The Network case, who alleged he had been tortured by FSB officers. Moreover, these very same FSB officers are permitted to visit him in remand prison. OVD Info has published, below, the account Filinkov gave to his lawyer of how the secret service officers who tortured him now talk to him.

At around eleven o’clock on April 19, 2018, I was escorted from my cell in the supermax wing of Gorelovo Remand Prison and taken to a holding area before being led out of the prison, where I was handed over to two men, one of whom I recognized as Konstantin Bondarev, a special agent in the St. Petersburg and Leningrad Region Office of the Russian Federal Security Service (FSB). I have known Special Agent Bondarev since January 23, 2018, when he supervised my apprehension at Pulkovo Airport and then, along with other local FSB officers, subjected me to physical and emotional violence for approximately thirty hours while also depriving me of rest, sleep, and food.

When I was escorted out of the holding area, one of the FSB officers meeting me ordered me to put my my hands behind my back, which he handcuffed extremely tightly. I was placed in a silver-colored Škoda. Before putting me in the car, Special Agent Bondarev asked me a question.

He then got behind the wheel of the car. I was put in the backseat. After a while, the car drove through the gates of Remand Prison No. 6. During the entire ride to St. Petersburg, the FSB officers said nothing to me, but I was genuinely afraid that, at any moment, they could drive me to a deserted place and subject me to violence.

We were on the road for about an hour. Finally, I was brought to the local FSB building and taken to the office of Investigator Klimov, where my defense attorney, Vitaly Cherkasov, was waiting for me.

Mr. Cherkasov and I had a one-on-one private conversation during which I informed him I was in a depressed state, since I had been forced to travel for a long time in the same car as Special Agent Bondarev, who had been negative and aggressive towards me, using criminal slang to threaten me with possible rape in Remand Prison No. 6.

In addition, I explained I had recognized Investigator Klimov as one of the officers who on January 24, 2018, after I was brought to the FSB building, had taken part in a prolonged attempt to coerce me mentally into signing a confession. I assume Investigator Klimov could see I had been beaten, and I also needed rest, sleep, water, and food.

It was on this basis that, when Investigator Klimov asked me whether I was willing to testify, I said I would not refuse to testify, but I was currently in a stressful state of mind due to my encounters with Special Agent Bondarev and Investigator Klimov, whom I did not trust, either. Moreover, I had been brought to the FSB building, which is linked in my mind with the torture and bullying I endured there on January 24 and January 25, 2018. For this reason, I told the investigator I could give detailed and thoughtful testimony only in Remand Prison No. 6, where I felt calmer and more secure. I put this explanation in writing in the comments section of the interrogation report.

The investigative procedure was thus completed. Investigator Klimov summoned guards, and two men in plain clothes wearing balaclavas over their heads entered his office. They handcuffed my hands behind my back. They led me out of the room and took me outside, where I was placed in the backseat of the silver-colored Škoda. Special Agent Bondarev was at the wheel.

On the way back to Gorelovo, the officers continued to pepper me with questions.

“Well, bitch, is your asshole raw yet?” Bondarev asked.

Then he said the following.

“Now I’m going to methodically drag you through the mud. Cherkasov is trying to make a name for himself, but you and Agora are all going to rot in prison, and you are to going to do your time in the Arctic Circle, in Murmansk or Karelia. Life taught you a lesson, and it gave you a chance. Do the guys in Remand Prison No. 6 know your lawyer defends LGBT?”

One of the special agents in the car responded, “He didn’t learn his lesson, apparently.”

“It didn’t get through his head, but it will get through his legs,” Bondarev replied.

“It will get through his asshole!” the other special agent added.

They laughed merrily after this remark.

I also remember that one of the special agents said, “You can find a good husband in Gorelovo.”

Bondarev and his colleagues insulted my human dignity, emotionally injured me in a profound way, and put me in a stressful state by saying these and other things. In addition to being humiliated, I finally realized that in the ranks of the local FSB off there are unworthy officers who employ prison notions for their own purposes in their attempts to pressure inmates.

Chatting with me in this vein, the FSB officers took around two hours to drive me back to the remand prison. We got in the car outside the local FSB building around 1:30 p.m. and arrived at Remand Prison No. 6 at 4:00 p.m. I kept track of the time on the clock in the car.*

After talking with the FSB special agents, I returned to my cell in a depressed state, and I was completely sweaty from the nervous atmosphere and heat in the car. My heart ached, I lost my appetite, I refused supper, and my psoriasis acted up due to the stress. When I combed my hair I felt psoriatic plaques on my head.

I take the threats made to me by Bondarev and his colleagues completely seriously. I am afraid for my safety, health, and life itself.

My verbal statement has been recorded faithfully, and I have read it over. I give my permission to publish it in the media.

* A directions search on Yandex Maps reveals that the drive from the local FSB building (4 Liteiny Prospect, Petersburg) to Remand Prison No. 6 in Gorelovo should take one hour and thirteen minutes, at most, if there are no traffic jams, and thirty-six minutes, at least, if the traffic is good and the driver takes the optimal route. This would suggest that Special Agent Konstantin Bondarev deliberately drove in circles for a long time in order to bully and threaten Mr. Filinkov. TRR

Thanks to George Losev for the heads-up. Translated by the Russian Reader

If you have not been following the Penza-Petersburg “terrorism” case and related cases involving frame-ups, torture, and violent intimidation by the Russian police and secret services, please have a look at some of the recent articles I have published on these subjects.

“Court approval of search warrant requests, 2007–first quarter of 2017. Red=number of warrant requests; gray=warrants issues. || In the past 11 years, Russian courts have approved, on average, 96.3% of search warrant requests. 67% of the requests concerned searches of private premises as part of surveillance operations, while 33% of searches were part of specific criminal investigations. ||Numbers and kinds of intimidation during so-called political searches (based on an analysis of 600 searches conducted in the homes of grassroots activists and members of persecuted organizations): violence, threats – 97; breaking down doors, forced entry through windows – 70; search performed at early hour of the day – 63; search conducted at homes of relatives – 47. Sources: International Agora and Russian Supreme Court Judicial Department.” Courtesy of Vedomosti

How Police Searches Have Become Tools of Political IntimidationAgora International Says Privacy in Russia Has Nearly Vanished
Anastasiya KornyaVedomosti
March 29, 2018

Over the past ten and a half years, Russia courts have issued law enforcement agencies 1,976,201 warrants to search or investigate private premises. This number constitutes 96.32% of all such requests, according to calculations made by analysts at the Agora International Human Rights Group, which on Thursday will release a report entitled “Politically Motivated Police Searches: The Specter of Inviolability.” Often police investigators manage to obtain search warrants after the fact. During the period, the number of requests for search warrants has increased by nearly fifty percent. With respect to Russia’s 54 million households, this means that, over the last ten years, every twenty-seventh home in Russia has been searched.

The report’s authors note this is only the tip of the iceberg. Searches and inspections of non-residential premises, such as offices, warehouses, etc., do not require court warrants, and data on the number of such incursions has not been published by anyone.

The exception to this rule are law offices. Since April 2017, they have enjoyed greater formal protection than the residences of ordinary citizens. Law offices cannot be searched without a court order, and a representative of the regional bar association must be present during the search. Andrei Suchkov, vice-president of the Federal Bar Association, says they have not specially kept track of the statistics, but his sense is the number of searches in law offices has decreased during this time. There have been cases when police investigators tried to carry out searches without permission, but the courts have nevertheless mainly sided with lawyers, he notes.

Agora’s report reminds its readers that, in the early 1990s, the term “mask show,” meaning a police search carried out with backup from masked and armed special forces soldiers, came into common usage. Such searches were an effective means of coercing business partners and business rivals alike. Subsequently, the tool came to be used against the regime’s political opponents.

Recently, the practice of “serial” searches has been widespread. Thus, according to Leonid Volkov, head of Alexei Navalny’s presidential election campaign, police have raided the offices of the Anti-Corruption Foundation and Navalny’s regional campaign offices no less than 150 times. Police have raided the offices of Mikhail Khodorkovsky’s Open Russia around fifty times over three years. Agrora’s analysts note the most frequent targets of large-scale, systematic searches have been members of opposition organizations and Crimean Tatars.

Another goal of police searches is the confiscation of electronic devices and subsequent unauthorized access to personal data, correspondence, and social media accounts. For example, during a June 2012 search of Alexei Navalny’s home, police seized a laptop, tablet computers, and mobile phone. Two weeks later, Navalny’s email and Twitter account were hacked.

Pavel Chikov, head of Agora, says they took an interest in the numbers of police searches after analyzing the state of privacy of correspondence and telephone conversations. If we recall that, on average, the courts have approved 98.35% of wiretapping warrants, we must admit judicial oversight in this area is illusory, and there is no privacy in Russia, claims Chikov.

Expanding the remit of law enforcement agencies to ever broader areas of daily life has transformed searches from investigative tools to signals broadcast by the regime and received by everyone involved in politics, government, and business, concurs political scientist Mikhail Vinogradov.

“What matters nowadays is not the outcome, but the search per se. We have been seeing an increased number of searches whose point is just that,” says Vinogradov.